1 Regular Council Meeting Monday, June 14, 2010
The Appomattox Town Council held a regular council meeting on Monday, June 14, 2010 at 7:30 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Harvey presiding.
Members present: Bryan J. Baine, C. Lewis McDearmon, John T. “Plicky” Williams, N. H. “Jimmy” Mayberry. Absent: Karl E. Carter and Jennifer Jamerson-Scruggs.
Others: Howard and Linda Gregory, Linda Archer, Larry and Barbara Hudson, Dan Cousins, Charlie Williamson, Donna Nash, Jackie Drinkard, Timothy Garrett, Nina Beasley, Jeff Elder, Joyce Bennett, Ronnie Lankford, Nolan Connelly, Hazel Thomas, Mary Lou Spiggle, Bill and June Goodrich, Bill Smith, Chad Millner, Robert Pankey, K. E. Coleman, Benny Harvey, Lucy Harvey, Stephanie James, Rodney, Longmire, Frank Wright, Town Attorney, Bart S. Van Nieuwenhuise, Town Manager and Roxanne Paulette, Clerk of Council.
Mayor Harvey called the meeting to order and welcomed all guests and visitors.
Rev. Rodney Longmire delivered the invocation.
On a motion by Councilmember Williams, seconded by Councilmember Mayberry, Council voted to adopt the consent agenda of June 14, 2010 as presented. All members present voting aye. Motion carried.
Public Comments – none.
Mayor’s Comments – none.
Unfinished Business – Mr. Baine passed out a Request for Exemption from Reporting Requirements that was included in the package. The idea and what we’ve found out is that at other levels of government donations to political campaigns are a matter of public record so that anybody can see who donates to any campaigns and I believe that provides to good clean government or helps to do that anyway. In Virginia, towns under 25,000 in populations are exempt but the state specifically gives the town under that population limit the ability to draft an ordinance opting in to campaign disclosure. In the packet you will see a series of forms that would need to be completed. I would think more likely that you can fill out a one page form, requesting an exception if you spend less than $1000.00 during the campaign. I am obviously for opting in.
Mr. Williams asked if we have any knowledge of what the surrounding localities do.
Mr. Mayberry we haven’t had any problems with this in the past and with no responses from other localities I can’t see where it is necessary to do this.
On a motion by Councilmember Baine, seconded by Councilmember Williams, Council voted on the following resolution: Whereas, at other levels of government contributing to a political campaign is a matter of public record, and
2 Regular Council Meeting Monday, June 14, 2010
Whereas, Virginia specifically gives towns under 25,000 in population the right to voluntarily participate in the Virginia Campaign Disclosure Law, Council directs the Town Attorney to draft the appropriate ordinance.
Vote: Baine – aye, Williams – aye, Mayberry – no, McDearmon – no. Mayor Harvey voted no. Motion failed 2 – 3.
Mr. Williams stated the intention was to create a Conflict of Interest Ordinance for Council Members. Currently employees are not allowed to accept anything monetary and I would like for it to include, favors, rewards, gestures, gift cards or anything influential. In my opinion if the threshold were zero there would be no room for interpretation.
Mayor Harvey asked Mr. Wright if the Code of Conduct for Council Members could be amended to take care of this. Mr. Wright asked if Mr. Williams could clarify. There is a $50.00 limit for the state. Mr. Williams stated he thought it would be good to go on record for having an ordinance with a zero dollar amount. Mr. Wright cautioned council of setting it at zero. There could be some unattended consequences. Mr. Wright also suggested revisiting the handbook. Mr. Mayberry and Mr. Williams both concurred that the employee handbook and ordinance or code of conduct for council members should be the same.
Council gave consensus for Mr. Wright to draft a policy inclusive of Council Members and all Town Employees with regards to changes that will be applicable to all.
New Business –
On a motion by Councilmember Mayberry, seconded by Councilmember Williams, Council voted to adopt the following resolution:
RESOLUTION
Authorization to Pick-up the Employee’s Contribution to VRS Under § 414(h) of the Internal Revenue Code For Plan 2 Employees
WHEREAS, the Virginia General Assembly, in its 2010 session passed legislation creating a separate retirement plan for employees hired on or after July 1, 2010 (hereafter referred to as “Plan 2 Employees”). The legislation stipulates that Plan 2 Employees will pay their 5 percent member contribution and that, absent other action by the employer, such contribution will be paid through salary reduction according to Internal Revenue Code § 414 (h) on a pre-tax basis; and
WHEREAS, the legislation allows certain employers, including the Town of Appomattox, to pick-up and pay all or a portion of the member contributions on behalf of its Plan 2 Employees as an additional benefit not paid as salary; and
3 Regular Council Meeting Monday, June 14, 2010
WHEREAS, the election to pick-up and pay all or a portion of the member contributions on behalf of its Plan 2 Employees as an additional benefit not paid as salary shall, once made, remain in effect for the applicable fiscal year (July 1 - June 30) and shall continue in effect beyond the end of such fiscal year absent a subsequent resolution changing the way the 5 percent member contribution is paid; and
WHEREAS, employee contributions that are picked-up as an additional benefit not paid as salary are not considered wages for purposes of VA Code § 51.1-700 et seq. nor shall they be considered salary for purposes of VA Code § 51.1-100 et seq.; and
WHEREAS, the Town of Appomattox desires to pick-up and pay its Plan 2 Employees’ member contributions to VRS as an additional benefit not paid as salary in an amount equal to 5% of creditable compensation; and
WHEREAS, VRS tracks such picked-up member contributions and is prepared to treat such contributions as employee contributions for all purposes of VRS.
NOW, THEREFORE, IT IS HEREBY RESOLVED that effective the first day of July [stated month must be after the date this Resolution is adopted], the Town of Appomattox shall pick- up member contributions of its Plan 2 Employees to VRS as an additional benefit not paid as salary in an amount equal to 5% of creditable compensation subject to the terms and conditions described above; and it is further
RESOLVED that such contributions, although designated as member contributions, are to be made by the Town of Appomattox in lieu of member contributions; and it is further
RESOLVED that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the picked-up contributions made by the Town of Appomattox directly instead of having them paid to VRS.
Motion carried.
On a motion by Councilmember Mayberry, seconded by Councilmember Baine, Council voted to accept the staff recommendation of Brown, Edwards and Company, LLP to conduct the FY 2010 annual audit. All members present voting aye. Motion carried.
On a motion by Councilmember McDearmon, seconded by Councilmember Williams, Council voted to convene in Closed Session to pursuant to §2.2-3711 (A) 6 of the Code of Virginia, 1950, as amended, for the purpose of discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected, specifically being the discussion of the 2008 Contract between the Town of Appomattox and Fred H. Jones.
Vote: Baine – aye, Mayberry – aye, McDearmon – aye, Williams – aye. Absent: Carter and Jamerson-Scruggs.
4 Regular Council Meeting Monday, June 14, 2010
Now, therefore, be it resolved, that the Appomattox Town Council hereby certifies that to the best of each members knowledge: (1) Only public business matters lawfully exempted from open meetings requirements by Virginia law were discussed in the closed meeting to which this certificate resolution applies, and (2) only such public business matters as were identified in the motion convening the closed meeting were heard, discuss, or considered by this council.
Vote: Baine – aye, Mayberry – aye, McDearmon – aye, Williams – aye. Absent: Carter and Jamerson-Scruggs.
On a motion by Councilmember Williams, seconded by Councilmember McDearmon, Council voted to authorize the termination of a Contract for Sale of Real Estate that was originally going to be purchased by the Town of Appomattox for the Museum of the Confederacy. Motion carried.
For the record, this does not mean that the Town is withdrawing its original commitment of $350,000.00 for the Museum of the Confederacy. The items for consideration will be discussed at a later date.
On a motion by Councilmember Mayberry, seconded by Councilmember McDearmon, Council voted to adjourn at 8:20 p.m. All members present voting aye. Motion carried.
Paul D. Harvey Mayor
Roxanne W. Paulette Clerk